Brand & Content Protection Guidelines

ICC Cricket World Cup 2011

Brand & Content Protection Guidelines Introduction

This document provides guidance on appropriate and acceptable commercial and non-commercial utilisation by third parties of the proprietary names (“ICC-Cricket World Cup Names”), proprietary marks and mascot (“ICC-Cricket World Cup Marks”) and audio-visual representations of ICC-Cricket World Cup match play as well as the official song in all media (“ICC-Cricket World Cup Footage”) relating to the ICC Cricket World Cup 2011 (“ICC-Cricket World Cup”).

For the purposes of these Guidelines, the ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks and ICC-Cricket World Cup Footage together constitute the “ICC-Cricket World Cup IPR”.

The value of the ICC-Cricket World Cup IPR and its appropriate and acceptable use and protection are critical to the success of the ICC-Cricket World Cup. The FAQs below provide an overview of why the ICC must and will protect its brand, what the ICC’s legal rights are, and what third parties should and should not do in relation to the ICC-Cricket World Cup IPR. Frequently asked questions (FAQs):

Why protect the ICC-Cricket World Cup brand?

Any world class event such as the ICC-Cricket World Cup is only made possible through the commercial participation and support of sponsors, partners, licensees and broadcasters that are each granted certain exclusive rights and privileges by the ICC in consideration for their support. As a result, it is vital that all ICC-Cricket World Cup IPR are protected and managed by the ICC. If anyone could use the ICC-Cricket World Cup IPR for free, or could create or suggest an association with the ICC-Cricket World Cup, there would be no incentive for sponsors, partners or broadcasters to invest in or support the event and, ultimately, the amount of financial distributions that the ICC would be able to make across its global membership base for investment in the sport of cricket would be damaged immeasurably. The ICC must pre- vent unlicensed third parties from undertaking unauthorised activities that damage or dilute ICC’s exclusive rights and those of its sponsors, partners and broadcasters. Also, in order to maintain the integrity of the ICC-Cricket World Cup brand and to protect against dilution and damage to its reputation and prestige, it is vital that the ICC retains careful control of the ICC- Cricket World Cup IPR and their uses.

What constitutes the ICC- Cricket World Cup IPR?

All of the official names, phrases, trademarks, trade names, logos and designs related to the ICC-Cricket World Cup are protected by the law in a variety of ways. The following are some of the current items that make up the ICC-Cricket World Cup Names and ICC-Cricket World Cup Marks: • The Official ICC Cricket World Cup 2011 logos, as well as the ICC logos; • The words “ICC”, “International Cricket Council”, “ICC Cricket World Cup 2011”,“ICC Cricket World Cup”, “2011 ICC Cricket World Cup”, “ICC World Cup Cricket 2011”, “2011 Cricket World Cup”, “Cricket World Cup 2011”, “Cricket World Cup”; • The official ICC Cricket World Cup 2011 mascot ‘Stumpy’; • The Official website: http://icc-cricket.yahoo.net; and • The Official Tournament Song. Also, still images, live audio-visual footage of match play action and deferred highlights/clips of match play and the Official Tournament Song constitute protected and proprietary ICC- Cricket World Cup Footage. How are the ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks and ICC- Cricket World Cup Footage protected?

The ICC-Cricket World Cup IPR is legally protected by a wide variety of means, which include trade mark and design laws, copyright laws, competition and trade practices laws, telecommu- nications and broadcast laws relating to signal theft, common law and the terms and conditions under which ICC-Cricket World Cup match tickets are sold and pursuant to which stadium entry is permitted.

What uses are unlawful without a license from the ICC-Cricket World Cup?

The unlicensed and unauthorised use of any of the ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks (or any other marks or logos that are confusingly similar to, or likely to be mistaken for, them) or ICC-Cricket World Cup Footage is strictly prohibited. For example, without license of the ICC, it is unlawful to (i) use the ICC-Cricket World Cup Names and ICC-Cricket World Cup Marks in a manner likely to cause confusion among members of the public as to the existence of a commercial association with the event, or (ii) reproduce or distribute items using ICC-Cricket World Cup IPR in the course of trade. These properties cannot be used on goods, in business names or in advertising or promotions without license from the ICC or one of its authorised licensees that, in turn, has the rights to grant sub-licenses. It is also unlawful, through the use of the ICC-Cricket World Cup IPR, to falsely represent or imply any association, affiliation, endorsement, sponsorship or similar relationship with the ICC-Cricket World Cup.

It is important to note that a formal or pre-existing association with any of the fourteen participating national teams or the tournament venues does not permit a team partner or team sponsor any right to use the ICC-Cricket World Cup IPR (other than the specific rights such team is authorised by the ICC to license) without the prior authorisation of the ICC.

When can the ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks and ICC- Cricket World Cup Footage be used?

The ICC-Cricket World Cup IPR can be used with the license and authorisation of the ICC or its authorised licensees that have been expressly granted the rights to grant sub-licenses. Such license and authorisation will only be given to official ICC-Cricket World Cup sponsors, partners, licensees and non-commercial partners. There are very few situations in which the ICC-Cricket World Cup IPR can be used without the ICC’s explicit license and consent.

The ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks and, to a limited extent and subject to the current ICC-Cricket World Cup Media Accreditation and News Access Guidelines (and all relevant copyright laws), the ICC-Cricket World Cup Footage may be used in non- commercial editorial-only news pieces without the ICC’s prior authorisation. In certain circum- stances when reporting and providing information on the ICC, journalists are able to use the ICC-Cricket World Cup Names and ICC-Cricket World Cup Marks to illustrate their editorial-only feature subject to full compliance with applicable laws.

The ICC’s intention is not to restrict people from interacting with the ICC-Cricket World Cup or providing or sharing information on the tournament, but, when they do so, the ICC’s legal rights must be recognised, respected and fully adhered to.

Please be advised that in the limited instances in which non-licensed usage of ICC-Cricket World Cup IPR is permitted, such usage cannot be for commercial purposes. What are the consequences of using the ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks or ICC-Cricket World Cup Footage without the ICC’s authorisation?

Unauthorised use of the ICC-Cricket World Cup IPR may infringe one or more of the intellectual property rights of the ICC, the terms of the agreements signed between the ICC and its official sponsors and partners and/or the terms and conditions under which ICC-Cricket World Cup tickets are sold and stadium entry is permitted. While the ICC expects full compliance with the above, it is prepared to take all legal and punitive action in the case of each and any infringe- ment and violation. This could include an injunction to stop the infringing activity, a suit for damages or compensation or an enforced accounting of profits by the infringer to the ICC. Both civil and criminal remedies are available in the case of intellectual property violations, signal theft and other violations of the ICC’s rights.

Before the ICC initiates legal proceedings, a suspected infringer may receive a legal notice from the ICC’s lawyers or its designated agent, advising the infringer of violations and unlicensed usage relating to the ICC-Cricket World Cup’s IPR and/or potential infringements consti- tuting breach of the media accreditation guidelines and/or the news access guidelines and/or the terms and conditions of download and usage of the ICC and ICC-Cricket World Cup Marks. In such event, the offending party may be given the opportunity, without prejudice to any rights of the ICC-Cricket World Cup to take legal action against the offending party, to refrain from the continued use of the ICC-Cricket World Cup IPR and/or the potential infringements. If the infringer fails to respond to and adhere to the requirements and conditions set out in the legal notice, the ICC will exercise its right to pursue its legal and administrative remedies. No such prior warning, however, is required, and the ICC-Cricket World Cup will utilise all resources available to fully protect the ICC-Cricket World Cup IPR and ensure persons are disincentivised from infringing any rights relating to the ICC-Cricket World Cup IPR.

What are some specific examples of impermissible unlicensed behaviour?

It is evident that many people are eager to use the ICC-Cricket World Cup IPR to boost their business activities by marketing their products in connection with the ICC-Cricket World Cup. The ICC is already aware of businesses seeking to gain an unauthorised association with the ICC-Cricket World Cup and have taken successful action to fully address these unauthorised activities. For the sake of guidance, a non-exhaustive list of impermissible commercial behaviour is given below:

Advertisements, promotions and events: Advertisement features stating or suggesting an association between a brand, product, service or event and the ICC-Cricket World Cup by using ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks and ICC-Cricket World Cup Footage are impermissible. Simi- larly, businesses that produce newsletters to customers or clients must ensure that ICC- Cricket World Cup Names, ICC-Cricket World Cup Marks and ICC-Cricket World Cup Footage are not used, especially in a way which suggests a commercial association between their business and the ICC-Cricket World Cup.

The same applies to businesses that invite customers to ICC-Cricket World Cup themed events. Holding an event which is only about the ICC-Cricket World Cup and uses the ICC- Cricket World Cup Names, ICC-Cricket World Cup Marks and ICC-Cricket World Cup Foot- age is not permissible. This is particularly true of events that have commercial sponsors involved. Websites: Trademark and copyright laws apply equally to the Internet and to websites. Websites that provide information about the ICC-Cricket World Cup and are being operated on a purely non-commercial basis – for example, a supporters’ site used to provide information about players participating in the ICC-Cricket World Cup, or a chat forum about the ICC-Cricket World Cup – are unlikely to infringe the ICC’s rights. However, the creation of ICC-Cricket World Cup specific communities that use ICC-Cricket World Cup Names, ICC- Cricket World Cup Marks and ICC-Cricket World Cup Footage and solicit and raise sponsor- ships and advertising constitutes commercial use of ICC-Cricket World Cup IPR and are impermissible.

In particular, live streaming and deferred uploading of ICC-Cricket World Cup Footage (whether or not for profit), reproduction of ICC-Cricket World Cup Names and ICC-Cricket World Cup Marks in commercial contexts online and sale of counterfeit and unofficial ICC-Cricket World Cup merchandise on auction and other websites constitute serious infringements of the ICC’s intellectual property rights and could result in civil penalties and even criminal prosecution.

The registration and use of domain names that use ICC-Cricket World Cup Names also infringes ICC trademarks and any attempt to divert web traffic by the use of ICC-Cricket World Cup Names in meta-tags or other notations or through the purchase of ICC-Cricket World Cup Names as search or advertising keywords is impermissible.

The creation of fantasy leagues or other online competitions or events that use or make reference to ICC Cricket World Cup or claim “official” status without license or use ICC IPR are impermissible.

Business Names: Adopting business or trading names that include ICC-Cricket World Cup Names and using business logos that include ICC-Cricket World Cup Marks or confusingly similar marks are very likely to be impermissible.

Tickets and Hospitality Packages: Tickets to ICC-Cricket World Cup matches are sold under specific conditions. Primarily, these may only be purchased through officially appointed ticketing agents for personal use. ICC-Cricket World Cup tickets may not be used for promotions or as prizes in con- tests. The right to run ticket promotions is reserved for ICC-Cricket World Cup sponsors and partners and is strictly prohibited by the tickets’ terms and conditions. Further, ICC- Cricket World Cup tickets may not be resold for a profit or as part of hospitality packages by unlicensed travel agents or other entities. Travel Packages: The right to promote and sell travel or tour packages is reserved exclusively for ICC- Cricket World Cup official travel agents and their authorised licensees. ICC-Cricket World Cup tickets may not be sold, or otherwise included for commercial purposes as part of a travel or tour package (for example combining match tickets with flights and/or a hotel room for the night) by unlicensed travel agents or other entities.

Further, unlicensed travel agents or other entities may not engage in any form of activity which may result in an unauthorised commercial association with the ICC, ICC-Cricket World Cup or parts of it to the detriment of ICC or its commercial affiliates, whether by way of an unauthorised use of ICC-Cricket World Cup Names and ICC-Cricket World Cup Marks or otherwise.

Public Screenings: The ICC and its official broadcaster retain all rights to license commercial screenings of ICC-Cricket World Cup Footage made available to members of the public or displayed in public places. Prohibited acts include display of ICC-Cricket World Cup Footage in movie theaters, the sale of tickets or levying of a cover charge for entry to a location screening ICC-Cricket World Cup footage or ICC-Cricket World Cup themed screening events that use the ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks and ICC-Cricket World Cup Footage.

Editorial uses, Newsletters: Purely editorial use of ICC-Cricket World Cup Names and ICC-Cricket World Cup Marks solely for conveying information and without association with any commercial entity is permissible use. However, this journalistic use exception with respect to ICC-Cricket World Cup Names, ICC-Cricket World Cup Marks and ICC-Cricket World Cup Footage does not apply to the production and distribution of newsletters, client bulletins or other marketing collateral produced in the guise of journalism, which state or suggest an official association between a product, service or event and the ICC-Cricket World Cup. Official Symbols & Marks of the World Cup

The ICC Cricket World Cup 2011 Official Logo

The ICC Cricket World Cup 2011 Mascot - “Stumpy.”

The ICC Official Logo

The ICC Cricket World Cup 2011 - Trophy. Summary

Advertisements, Promotions and Events

PERMISSIBLE IMPERMISSIBLE

Use of general cricket terms and imagery. Use ICC-Cricket World of imagery, however, is subject to the user Cup IPR may not obtaining appropriate permission from the be used, without copyright owner. license, for the purposes of any advertisements, promotions or events.

Ticket promotion

IMPERMISSIBLE

ICC-Cricket World Cup tickets may not be used, FLY ABCD AIRLINE without license, for any form of commercial WIN TICKETS TO THE FINALS promotion.

Contest/Game/Lottery

IMPERMISSIBLE fanta y XYZ sy gam Pla e Use of ICC-Cricket World Cup IPR or and win prizes claim of official status, without license, is not permitted.

Editorial use

PERMISSIBLE IMPERMISSIBLE

Legitimate editorial and Commercial use or presentation of reporting usage. editorial content by third parties using ICC-Cricket World Cup IPR is not permitted Match Schedule

PERMISSIBLE IMPERMISSIBLE

Non-commercial use. Commercial use or presentation of match schedule by third parties is not permitted.